MARK LAVELL PARKER V CITY OF DETROIT
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STATE OF MICHIGAN
COURT OF APPEALS
CATHY PARKER and KIMBERLY HICKS, CoPersonal Representatives of the Estate of MARK
LAVELL PARKER, Deceased,
UNPUBLISHED
May 8, 2001
Plaintiffs-Appellants,
v
No. 207055
Wayne Circuit Court
LC No. 96-646305-NI
CITY OF DETROIT,
Defendant-Appellee.
ON REMAND
Before: Murphy, P.J., and Griffin and Gage, JJ.
MEMORANDUM.
We previously issued an opinion in this case affirming the circuit court's order granting
summary disposition in favor of defendant. Parker v City of Detroit, unpublished opinion per
curiam of the Court of Appeals, issued November 30, 1999 (Docket No. 207055). The case is
before us again pursuant to an order of our Supreme Court directing us to reconsider our earlier
decision in light of Robinson v City of Detroit, 462 Mich 439; 613 NW2d 307 (2000). We again
affirm.
We previously held that plaintiffs' complaint failed to plead a legally cognizable duty
owed to decedent by defendant. Assuming for present purposes that during the fatal vehicular
pursuit decedent was an innocent passenger to whom the police did owe a duty, Id. at 444, we
nevertheless conclude that summary disposition was appropriate because decedent's untimely
demise did not result from the operation of a government vehicle. See MCL 691.1405; MSA
3.996(105). The pursuing police vehicle did not hit the fleeing car or otherwise force it off the
road or into another vehicle or object. Robinson, supra at 445, 456-457.
Affirmed.
/s/ William B. Murphy
/s/ Richard Allen Griffin
/s/ Hilda R. Gage
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